[coalregion]

After reading through this thread I've come to the conclusion that I need a beer... :lol:

[Rev.Vassago]

Originally Posted by golfhobo

If I see someone misinterpreting the regs or laws, I'll rebut it.

Wrongly, I might add. Still waiting for your explanation as to where the "Wal Mart" exception is in the personal conveyance provision.

But, when I CITE the "opinions" or guidance by the FMCSA,

The interpretations of the FMCSA are not "opinions", they are law.

It should be obvious, of course, but since the REV cited it without understanding it,

I understand it perfectly. Are you sure you do?

[BIG JEEP on 44's]

I'm pretty sure you can drink in a CMV if you are equipped properly , and this would require one of those " HANDS FREE" stlye beer hats so you can keep both hands on the wheel while consuming the beverage . This is a pricy piece of equipment , so it's probably out of reach for most 1st year drivers .

[golfhobo]

Originally Posted by Jagerbomber

This is exactly the point, no one is talking about doing it on 10 hour break, we all know thats not worth the trouble we are talking about doin it on the 34 hour reset or long layover if you get stuck down in Florida or somewhere like that and have to wait a day or 2, some of these people just like to spin it around to fit their point no mater how far from the subject they have to stray to make it seem like they are the ones that are correct.

With all due respect and appreciation for your support, Bomber.... I must "opine" the following:

As the REV correctly pointed out, in the following post, MANY of "US" did, in fact, mention drinking on a 10 hour break. (Whether intentionally or not.)

Although the regs are CLEAR on the fact that there is no prohibition against it, I can't honestly say that I believe it is a good idea. I DO believe that MOST of us, were referring to a LAYOVER or RESET situation.

I believe the greatest value of this message board, is the exchange of information AND opinions, from which we can ALL learn! I don't know about others, but "I" sometimes forget that MY situation is not the same as many of YOURS. I will try to keep that in mind more from now on.

I don't have a NIGHT dispatch per se. If I get somewhere after delivering, and by 5 or 6 p.m. at my home office, I don't have a load.... I am LAID OVER for at least 18 hours or so! At THIS time, I am "ROD" for a KNOWN period of time, and I can choose to have a beer if I see that I have time. MY company has no problem with it. Some MIGHT, and drivers CAN be called to go "on duty" with little notice in SOME situations.

Although the regs are clear about the 4 hour rule, and the .02 restriction for OOS, and .04 for DUI.... and they wouldn't STATE these restrictions if they didn't understand the QUESTION we are discussing here.... there have been MANY good examples posted here of why it would not be WISE to "push it" unless you KNOW how long you are gonna be OFF DUTY.

For what it is worth..... IF you are on only a 10 hour break, you can be SURE that your company cannot force you to drive until you have met that requirement. However, we are not GUARANTEED a 34 hour reset on the road, or possibly at home, if we ARE under hours on the 70 rule! this was a GOOD point!

IF you can shut down for 10, and have a beer or two with your dinner immediately afterwards, AND you are not stupid enough to DRIVE the rig to a bar, you might be O.K. But, with certain types of "people" out there, it might not be wise. I've done it. And I don't make it OBVIOUS!

IF on a 34 hour reset, it would be WISE to understand your company's policies AND practices, to determine if it is safe to have more than a couple. IF you are subject to an emergency dispatch, it might not be wise. IF you KNOW how long you will be off, and you feel like doing so, I don't see a problem with it.... as long as you DO consider HOW you go about it, and whether your actions could be "noticed" and/or reported.

Drinking IN the truck is cheaper. But, admittedly "risky" for obvious reasons. I prefer to WALK to a RESTAURANT where I can have a beer or two WITH dinner. But, I HAVE been known to WALK to a bar when I knew I had the time.

I will NOT change my "opinion" about spending my OWN time on the road as I choose. But, I hope everyone has learned that, like everything else in trucking, one is ALWAYS responsible for their actions.

There certainly ARE "moral police" on this board AND in public. But, I hope we are ALL grown up enough to know the difference between their OPINIONS and the REGS..... AND smart enough to know when it is "advisable" and when it is NOT.

YOU are responsible for following (and knowing) the REGS, and deciding what is professional behavior or not. But, IF you act responsibly, I don't think YOU should feel responsible for those who do NOT!

If I personally "attacked" anyone, against the TOS, I apologize and will monitor myself more closely in the future. :wink:

I DO get "passionate" at times about my opinions AND the Regs! But, like someone once said, this is JUST the internet. I have tried not to make any enemies on this board, but I like a good "give and take." I have no personal agenda against ANYONE on this board. You are ALL, IMHO, some of the BEST our industry has to offer! I have LEARNED alot from all of you.... and that IS the underlying purpose here, isn't it?

Be SAFE and SMART, y'all!! I don't want to even THINK that any of you might someday end up in a situation like that in the I-5 tunnel in CA!!

Hobo

[golfhobo]

Originally Posted by Rev.Vassago

Wrongly, I might add. Still waiting for your explanation as to where the "Wal Mart" exception is in the personal conveyance provision.

And you would be incorrect in adding that. I don't know how many times I must ask you to consider "guidance question #3" that both you and Kaycee continue to cite. The QUESTION clearly is aimed at the prohibition of carrying alcohol when the CMV is used as a personal coneyance. They say NO! Then they give a "for example." They can't possibly cover EVERY eventuality, and I suspect they are not too keen on mentioning THIS one, but their meaning is CLEAR! If they MEANT to say it was not allowed.... they'd have made THAT clear!

As a matter of fact, and to be honest, I can't FIND the particular "guidance" I CLEARLY remember reading right now. But, I never forget a "face." I wouldn't make it up! It mentioned "supplies" and other things. We all discussed this LONG ago on another thread.

And, "I" am still waiting for YOUR explanation about what part of this guidance.... and the word NO..... you don't understand! :roll:

The interpretations of the FMCSA are not "opinions", they are law.

Um.... I'm not so SURE of this! the REGS are "law." The "guidance" is just that.... and borders on being OPINIONS. But, they ARE the opinions of those who MAKE the laws, and therefore provide a similar protection. But, since they say NO..... what part of that can't you consider as LAW?

I understand it perfectly. Are you sure you do?

ABSOLUTELY! YOU are the one who quoted the "guidance" addressing the VERY question being discussed here, that of CARRYING alcohol in a CMV when not LADEN, or the driver NOT "on duty." You even quoted the answer.... which was NO! Yet, you continue to FAIL to understand the implication of THEIR answer. You want to spit hairs, and look for the word Walmart or BEER! COMPREHENSION shares the root word of COMPREHENSIVE. It does NOT, by definition, point towards nitpicking!

[Shawnee]

What happened to all the badass outlaw truckers out there that I used to know, Hell what's the big deal, if you want to have a beer during your 10 hrs off, have one, who the hell is going to know anyway.

I can't believe there are 10 pages of posts on this subject.

[Rev.Vassago]

Originally Posted by golfhobo

I don't know how many times I must ask you to consider "guidance question #3" that both you and Kaycee continue to cite. The QUESTION clearly is aimed at the prohibition of carrying alcohol when the CMV is used as a personal coneyance. They say NO!

You better go re-read that guidance again. :lol:

Question 3: Does the prohibition against carrying alcoholic beverages in §392.5 apply to a driver who uses a company vehicle, for personal reasons, while off-duty?

Guidance: No. For example, an owner-operator using his/her own vehicle in an off-duty status, or a driver using a company truck or tractor for transportation to a motel, restaurant, or home, would normally be outside the scope of this section.

Where does that guidance say anything about a CMV? At best, it states something about a company "tractor", and even then, it specifically states that it is for transportation to a motel, restaurant, or home.

Originally Posted by golfhobo

I suspect they are not too keen on mentioning THIS one, but their meaning is CLEAR! If they MEANT to say it was not allowed.... they'd have made THAT clear!

Oh jeez - here we go again.

As a matter of fact, and to be honest, I can't FIND the particular "guidance" I CLEARLY remember reading right now. But, I never forget a "face." I wouldn't make it up! It mentioned "supplies" and other things. We all discussed this LONG ago on another thread.

To quote the late, great Dawn: "Trust me" :roll:

And, "I" am still waiting for YOUR explanation about what part of this guidance.... and the word NO..... you don't understand! :roll:

I understand it completely. Do you? It's obvious you don't understand the personal conveyance provision.

Originally Posted by golfhobo

the REGS are "law." The "guidance" is just that.... and borders on being OPINIONS. But, they ARE the opinions of those who MAKE the laws, and therefore provide a similar protection. But, since they say NO..... what part of that can't you consider as LAW?

Is that all they say? I understand those big words are difficult for you, but do you think you might be able to read more than a two letter word, and show us all where it specifically states using a "company vehicle, for personal reasons", yet states nothing about a CMV? And furthermore, can you show us where in the personal conveyance provision, you are allowed to do anything more than use the CMV to travel to and from your home from your terminal, to and from a motel, or to and from a restaurant within the vicinity of the hotel you are staying at?

Rev; still waiting for golfhobo to quote the "Wal-Mart" exception in the personal conveyance provision

[rvrjr7]

My opinion beer on the road isnt a good thing even on a 34 hour reset. If you have a few hours available you never know when if you are a company driver or leased to a company you might have to forget about the reset and drive on recap because someone else has a family emergancy they need to attend to and you dont need alcohal in your system

Originally Posted by Shawnee

What happened to all the badass outlaw truckers out there that I used to know, Hell what's the big deal, if you want to have a beer during your 10 hrs off, have one, who the hell is going to know anyway.

I can't believe there are 10 pages of posts on this subject.

YA!!! I'll drink to that, in fact, I'm having more than a few right now!!!!

[golfhobo]

golfhobo wrote:

I don't know how many times I must ask you to consider "guidance question #3" that both you and Kaycee continue to cite. The QUESTION clearly is aimed at the prohibition of carrying alcohol when the CMV is used as a personal coneyance. They say NO!

You better go re-read that guidance again.

Question 3: Does the prohibition against carrying alcoholic beverages in §392.5 apply to a driver who uses a company vehicle, for personal reasons, while off-duty?

Guidance: No. For example, an owner-operator using his/her own vehicle in an off-duty status, or a driver using a company truck or tractor for transportation to a motel, restaurant, or home, would normally be outside the scope of this section.

Where does that guidance say anything about a CMV? At best, it states something about a company "tractor", and even then, it specifically states that it is for transportation to a motel, restaurant, or home.

NO, it specifically lists these as "EXAMPLES." By "definition" an example does not represent the WHOLE of the possibilities, but rather a small "representative" sample of the whole. You REALLY need to get an education in ENGLISH, Rev! :roll:


I give up, REV! I've READ it a million times! I see the SAME thing every time. If YOU don't know the definition of a CMV, then you should turn in your license!

I've given you EVERY benefit of doubt! I am THROUGH arguing with an IMBECILE!

Let me know when you get your Green Card, and pass your BASIC English comprehension test!